A.

A planned unit development is a project designed to encompass new concepts in land development while at the same time providing better living environments for future inhabitants. Variation of normal zoning and subdivision regulations may be appropriate to accomplish diversity as long as the intent of this title is maintained. This concept will permit single-family, two-family, apartments, townhouses, and other forms of housing subject to the standards described in this chapter.

B.

Planned developments shall be allowed as a special use in each of the zoning districts established by this title subject to the regulations governing special uses.

C.

The purposes of this chapter shall be to:

1.

Encourage more efficient use of land and public services;

2.

Encourage and provide for the efficient and compatible integration of residential, commercial, and industrial development so that the growing demands of the population may be met by greater variety in the type and design of buildings and by the conservation and more efficient use of open spaces;

3.

Provide a procedure which can relate the type and design of residential, commercial, and industrial development to the particular site, thereby encouraging preservation of the site's natural characteristics.

(Ord. 104 Art. 12 §1, 1982)

In order to carry out the aforementioned intent, a PUD shall achieve the following objectives:

A.

Contain adequate usable open space and recreation area;

B.

Preserve trees, outstanding natural topography, and geologic features while preventing soil erosion and uncontrolled surface water drainage;

C.

Use land efficiently, resulting in smaller networks of utilities and streets and thereby lowering housing costs;

D.

Possess harmonious design and site planning of a quality that will provide a desirable environment.

(Ord. 104 Art. 12 §2, 1982)

The following general standards shall be observed regarding planning, design, and construction of the PUD:

A.

The PUD shall be designed in a manner such that whenever possible it protects the environmental assets of the area.

B.

The PUD design and construction plans must be accompanied by a detailed soil engineering report on the suitability of the area for the intended use before a building permit may be issued.

C.

Such areas shall be located with respect to necessary facilities as to have access in the same degree as would development under existing zoning, and shall be so located and designed that access for public services is equivalent to, and net costs for such services is not greater than, access and net costs for public services for development as permitted under existing zoning, or the developer must offset the added public expense.

(Ord. 104 Art. 12 §3, 1982)

Prior to construction of a PUD, an application must be submitted for review by the town board and must be accompanied by a preliminary development plan and a written statement.

A.

Preliminary Development Plan. The preliminary development plan shall show the major details of the proposed planned unit in sufficient detail to evaluate the land planning, building design, and other features of the PUD. The plan must contain the following information:

1.

Name of or ownership of the PUD;

2.

Scale, north arrow, and date;

3.

Dimensions of all subdivided lots to the nearest foot;

4.

The existing topography of the land at two-foot intervals;

5.

Existing features found on the premises;

6.

Soil types and their boundaries;

7.

Location, identification, and dimensions for all proposed public and private easements;

8.

A composite utilities easement plan showing location, size, and proposed use of all easements;

9.

Proposed land uses and types of structures with approximate location of major buildings;

10.

Building plans;

11.

Location of proposed automotive and pedestrian circulation systems and off street parking areas;

12.

Location of proposed open spaces;

13.

Landscaping plans;

14.

Areas subject to flooding.

B.

Written Statement. The written statement to be submitted with the application for the PUD must contain the following information:

1.

Name and address of applicant;

2.

Legal description of all land to be included in the PUD;

3.

A list of property owners within the PUD area and the area adjacent to it;

4.

The existing zoning classifications;

5.

The number of acres and percent of the total area of the PUD each proposed use will comprise;

6.

A development schedule;

7.

Evidence of the availability of public water and sewer facilities;

8.

Evidence acceptable to the town board of the financial feasibility of the project and the capability of the developer to complete the project.

(Ord. 104 Art. 12 §4, 1982)

After receiving the report and recommendation of the town board, the town board shall hold a public hearing on the proposed PUD application in accordance with Chapter 18.40. After the public hearing, but no later than sixty days after receipt of the application, the town board shall act to either approve or disapprove the PUD application.

(Ord. 104 Art. 12 §5, 1982)

Within five days after the decision by the town board, the applicant shall be notified of approval or denial of the final development plan. If denied, reasons for the denial shall be specified.

(Ord. 104 Art. 12 §6, 1982)

Except as follows, no changes may be made in the PUD after approval of the final plan:

A.

Minor changes in the location, size, or character of buildings or structures may be authorized by the building inspector/zoning enforcement officer.

(Ord. 104 Art. 12 §7, 1982)

A.

A minimum of one acre is required for a PUD.

B.

The average density of residential areas within the PUD shall not exceed sixteen units per acre.

C.

Any land subject to flooding or in a natural drainage channel shall not be approved for PUD until adequate provisions to control hazards are made and approved.

D.

Areas which cannot be feasibly serviced by necessary public services shall not be approved for a PUD.

E.

The developer shall provide water and sewage facilities for connection to a public system, or include sewage treatment facilities which meet department of health standards.

F.

Every PUD shall provide for adequate and safe circulation of pedestrian and vehicular traffic.

G.

Refuse storage areas should be conveniently located and enclosed in structures capable of keeping out animals.

H.

There shall be a minimum of ten feet between structures.

I.

Common open space shall constitute not less than twenty-five percent of the total area of the PUD.

(Ord. 104 Art. 12 §8, 1982)

In the event that the proposed PUD is denied by the town board, no new request for the same or substantially same special use shall be accepted by the town board for a period of six months from the date of such denial. After holding the required hearing and denying a special use permit for PUD, the board cannot reconsider the request without another notice and hearing.

(Ord. 104 Art. 12 §9, 1982)